“CONSIDER THE BACKDROP”: “ADVOCATES NEED NOT RISE” – GUIDANCE FROM THE CRIMINAL APPEALS CRIMINAL DIVISION

My favourite wording in any guidance given so far. Someone has suggested this, or similar, to give the appropriately authentic backdrop.

THE GUIDANCE

“The Vice-President of the CACD has provided the following guidance for hearings in the CACD during the period whilst there are variations in the way appeals and applications are conducted.

The Presiding LJJ of the individual constitutions will make decisions that are best suited for the circumstances of the cases they are hearing, but the default position is as follows:

i)                  To the extent that hearings  are continuing, at least partially, as normal in a real courtroom, the conventional dress code continues for those assembling in court.

ii)                Anyone appearing by way of a remote connection need not robe and business attire should be worn.

iii)               Once we move to entirely virtual hearings, everyone, including the judiciary, will be in business attire.

iv)               Advocates need to consider the “backdrop” when they are linking remotely from home, chambers or an office – it should be neutral and appropriate for a court hearing, if this is possible.

v)                 Advocates linking remotely need not “rise” when the court assembles etc.”

Thanks,

Lord Justice Fulford

Vice-President Court of Appeal (Criminal Division)